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2022 Supreme(Bom) 385

M.S.SONAK
Executive Engineer Work Division-II P. W. D. , Panaji-Goa – Appellant
Versus
Pedro Paulo Roque Fernandes (deceased) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Susan Linhares, Additional Government Advocate
For the Respondent:Mr. Nigel Da Costa Frias, Advocate

JUDGMENT :

Heard Ms. Susan Linhares, learned Additional Government Advocate for the appellant State, and Mr. Nigel Da Costa Frias, learned Counsel for the legal representatives of the respondents.

2. The challenge in this appeal is to the judgment and award dated 30.06.2012 made by the District Court (Reference Court) in Land Acquisition Case No.6 of 2009 enhancing the compensation in respect of acquired land from Rs.150/-per square meter to Rs.500/- per square meter.

3. In this case, the respondents' land admeasuring 810sq.mts from Survey No.25/3 of Village Renovadi, Merces was acquired for construction of Ribandar bye-pass from Kms 143.500 to 153.200 on NH-4A. The Land Acquisition Officer, by Award dated 16.02.2008 determined the market rate at Rs.150/-per square meter, and the Reference Court by the impugned Judgment and Award dated 30.06.2012 has enhanced this rate to Rs.500/- per square meter.

4. Ms. Linhares, learned Additional Government Advocate submits that the acquired land was admittedly affected by the provisions of the Goa Land Use Act, 1991, since, the claimant had purchased the same under the provisions of Goa Agricultural Tenancy Act. She submits that the acquired l

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